[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Pages 49380-49381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19765]
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UNITED STATES SENTENCING COMMISSION
Possible Formation of Tribal Issues Advisory Group
AGENCY: United States Sentencing Commission.
ACTION: Request for public comment on possible formation of Tribal
Issues Advisory Group.
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SUMMARY: The Commission is interested in forming a new Tribal Issues
Advisory Group, on an ad hoc or continuing basis, or establishing other
means to study issues that have been raised in recent years related to
the operation of the federal sentencing guidelines in Indian Country
and areas that have significant American Indian population. Therefore,
the Commission hereby requests comment on the merits of forming such a
group, including comment on the scope, duration, and potential
membership of any such advisory group.
DATES: Public comment should be received on or before October 20, 2014.
ADDRESSES: Comments should be sent to the Commission by electronic mail
or regular mail. The email address is [email protected]. The regular
mail address is United States Sentencing Commission, One Columbus
Circle NE., Suite 2-500, South Lobby, Washington, DC 20002-8002,
Attention: Public Affairs--Tribal Issues Comment.
FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Public Affairs
Officer, 202-502-4502, [email protected].
SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is
an independent agency in the judicial branch of the United States
Government. The Commission promulgates sentencing guidelines and
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policy statements for federal sentencing courts pursuant to 28 U.S.C.
994(a). The Commission also periodically reviews and revises previously
promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits
guideline amendments to the Congress not later than the first day of
May each year pursuant to 28 U.S.C. 994(p). Under 28 U.S.C. 995 and
Rule 5.4 of the Commission's Rules of Practice and Procedure, the
Commission may create standing or ad hoc advisory groups to facilitate
formal and informal input to the Commission. Upon creating an advisory
group, the Commission may prescribe the policies regarding the purpose,
membership, and operation of the group as the Commission deems
necessary or appropriate.
In 2002, the Commission established the Native American Advisory
Group (NAAG) with the purpose of considering ``any viable methods to
improve the operation of the federal sentencing guidelines in their
application to Native Americans under the Major Crimes Act.'' The NAAG
was convened as an ad hoc group tasked with writing an interim and a
final report. The membership of the advisory group was diverse in terms
of geography, tribal affiliation, and professional background, and
included federal judges, Assistant United States Attorneys, a United
States Probation Officer, an Assistant Federal Public Defender, a
Victim/Witness specialist, private legal practitioners, academics, and
representatives from the Department of Justice, the Department of
Interior, the Bureau of Indian Affairs, the United States Commission on
Civil Rights, and the National Indian Gaming Commission.
The Final Report issued by the group in 2003 made specific
recommendations on offenses that had a significant percentage of
American Indian offenders (manslaughter, sexual abuse, aggravated
assault, and the use of alcohol as an aggravating factor), and it
encouraged the Commission to continue tribal involvement in the
development of federal sentencing policy. (The 2003 Report of the NAAG
may be accessed through the Commission's Web site at www.ussc.gov.) For
the Commission's amendments in response to this report, see USSG App.
C, Amends. 652, 663.
Since the NAAG issued its final report, new issues and concerns
have arisen involving American Indian defendants and victims, and there
have been important changes in tribal criminal jurisdiction. For
example, in 2010, the Tribal Law and Order Act of 2010 (Pub. L. 111-
211) was enacted to address high rates of violent crime in Indian
Country by improving criminal justice funding and infrastructure in
tribal government, and expanding the sentencing authority of tribal
court systems. In 2013, the Violence Against Women Reauthorization Act
of 2013 (Pub. L. 113-4) was enacted to expand the criminal jurisdiction
of tribes to prosecute, sentence, and convict Indians and non-Indians
who assault Indian spouses or dating partners or violate a protection
order in Indian Country. It also established new assault offenses and
enhanced existing assault offenses. Both Acts increased criminal
jurisdiction for tribal courts, but also required more robust court
procedures and provided more procedural protections for defendants. For
the Commission's response to the Violence Against Women Reauthorization
Act of 2013, see Amendment 2 of the amendments submitted to Congress on
April 30, 2014, 79 FR 25996 (May 6, 2014).
Furthermore, in 2009 and 2010, the Commission held a series of
regional public hearings regarding federal sentencing policy to
coincide with the 25th anniversary of the Sentencing Reform Act. At
regional hearings in Denver and Phoenix, the Commission heard testimony
on Indian Country issues. The testimony expressed concern about the
perception in tribal communities that American Indian offenders
prosecuted federally receive more severe sentences than other offenders
prosecuted at the state level, the disparity in the application of the
federal sentencing guidelines on American Indians in Indian Country,
and how tribal court convictions are taken into account for purposes of
sentencing and risk assessment, among other uses. More recently, the
Commission received written submissions and testimony during the public
comment period and public hearings on the amendments in response to the
Violence Against Women Reauthorization Act of 2013, that expressed the
same concerns heard in the testimony at the regional hearings, but also
addressed additional matters for consideration, such as ensuring
accountability for Indian and non-Indian offenders who victimize
American Indians, the need to better acknowledge tribal court
protection orders in the guidelines, and the importance of consultation
with tribal communities on sentencing issues that affect them. (The
testimony and written submissions are available through the
Commission's Web site at www.ussc.gov.)
In 2014, the Commission received a letter from the United States
Attorneys who make up the Native American Issues Subcommittee and the
Racial Disparities Working Group of the Attorney General's Advisory
Group at the Department of Justice. (The letter is available through
the Commission's Web site at www.ussc.gov.) The letter urged the
Commission to consider ``forming a new American Indian Sentencing
Advisory Group to study whether American Indian defendants in federal
court face disparities in sentencing.'' It noted that since the NAAG
Report of 2003, the issue of potential sentencing disparities has
remained a subject of great debate, citing academic research and
concerns heard from tribal leaders and members of the Federal
Judiciary. The letter also explained that because the NAAG's work was
completed prior to the United States Supreme Court decision in United
States v. Booker, 543 U.S. 220 (2005), further review is appropriate.
In light of this, the Commission is considering whether to form a
new Tribal Issues Advisory Group, on an ad hoc or continuing basis, or
establishing other means to study the issues that have been raised in
recent years. Therefore, the Commission hereby requests comment on the
merits of forming such a group, including comment on the scope,
duration, and potential membership of any such advisory group.
Public comment should be sent to the Commission as indicated in the
ADDRESSES section above.
Authority: 28 U.S.C. 994(a), (o), (p), 995; USSC Rules of
Practice and Procedure 5.2, 5.4.
Patti B. Saris,
Chair.
[FR Doc. 2014-19765 Filed 8-19-14; 8:45 am]
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